§ 44-5-13.30 - Foster – Assessment and taxation of new real estate construction and newly created lots.
SECTION 44-5-13.30
§ 44-5-13.30 Foster – Assessment andtaxation of new real estate construction and newly created lots. – (a) New real estate construction in the town of Foster completed after anyassessment date is liable for the payment of municipal taxes from the date thecertificate of occupancy is issued or the date on which the new construction isfirst used for the purpose for which it was constructed, whichever is theearlier, prorated for the assessment year in which the new construction iscompleted. New lots created after the assessment date will be assessed andprorated as of the date of the approval of those lots. The prorated tax iscomputed on the basis of the applicable rate of tax with respect to theproperty, including the applicable rate of tax in any tax district in which theproperty is subject to tax following completion of the new construction on thedate the property becomes liable for the prorated tax in accordance with thissection.
(b) The building inspector issuing the certificate shall,within ten (10) days after issuing the certificate, notify, in writing, theassessor of the issuance of the certificate of occupancy. The planningdepartment shall notify the assessor within ten (10) days of the approval ofthe new lots.
(c) Not later than ninety (90) days after receipt by theassessor of the notice from the building inspector or from a determination bythe assessor that the new construction is being used for the purpose for whichit was constructed, the assessor shall determine the increment by which theassessment for the completed construction exceeds the assessment on the taxroll for the immediately preceding assessment date. The assessor shall proratethat amount from the date of issuance of the certificate of occupancy or thedate on which the new construction was first used for the purpose for which itwas constructed, as the case may be, to the assessment date immediatelyfollowing and shall add the increment as prorated to the tax roll for theimmediately preceding assessment date and shall, within five (5) days, notifythe record owner as appearing on the tax roll and tax collector of theadditional assessment.
(2) Not later than ninety (90) days after receipt by theassessor of notice from the planning department of the creation of the newlot(s), the assessor shall determine the increment by which the assessment forthe new lot exceeds the assessment on the tax roll for the immediatelypreceding assessment date. The assessor shall prorate that amount from the dateof approval to the assessment date immediately following and shall add theincrement as prorated to the tax roll for the immediately preceding assessmentdate and shall, within five (5) days, notify the record owner as appearing onthe tax roll and tax collector of the additional assessment.
(d) Any person claiming to be aggrieved by the action of theassessor under this section may appeal to the assessment board of review withinsixty (60) days from notification of the additional assessment or to superiorcourt as provided.
(e) Upon receipt of the notice from the assessor, the taxcollector shall, if the notice is received after the normal billing date,within ten (10) days thereafter, mail or hand a bill to the owner based upon anamount prorated by the assessor. The tax is due and payable and collectible asother municipal taxes and subject to the same liens and processes ofcollection; provided, that the tax is due and payable in an initial or singleinstallment due and payable not sooner than thirty (30) days after the date thebill is mailed or handed to the owner, and in any remaining, regularinstallments, as they are due and payable, and the several installments of atax so due and payable are equal.
(f) Nothing in this section authorizes the collection oftaxes twice in respect of land upon which the new construction is located.
(g) This section applies only to taxes levied and propertyassessed in the town of Foster.